Student bursary - Overpayment

user1980

I am a research student at a UK university, receiving a bursary from the faculty where I am enrolled at.

It had been agreed (verbally and by email) that my bursary is extended by another three months (Jan - March, 2009) which is approximately £3000, to be paid in one instalment.

However, due to a misunderstanding the finance office initiated a payment of £3k for each of those months, resulting that I got over paid approximately £6k.

In November 2008, I received a bursary memo in form of a letter which states that I was going to get paid, three times the verbally agreed amount, dated and signed by the dean.

As advised by the letter, payments were made in January, February and March.


The finance office realised the overpayment and contacted me in May, half a year later after the memo was sent out.

In the mean time this matter has been forwarded to the debt collectors, which have threatened me with legal action if I don't pay. So I paid an initial £150 last month, in order to avoid legal action. I won't receive my PhD certificate until I have paid back the sum.

Now my questions:

Am I liable to pay back the £6k even though I have an official statement over the received amount?

What sort of solicitor should I ask for advice?

Has my credit rating changed due to this? If it turns out that I am not liable to pay, can I claim compensation?

Many thanks,

flossiejo

Why did you spend it when you knew it was an error?

dmg24

The university made an error, you were in no doubt that it was an error. You are liable to repay the overpayment. It is likely that the university will allow you to graduate with outstanding debts.

The fact that you are asking about compensation is beyond belief. Hopefully the university will take disciplinary action against you for dishonesty.

DarkConvict

If the agreement you signed was for £3000, to be paid over 3 months.

But you were paid £3000 a month for 3 months, then yes you will be liable to pay the money back. As it won't be considered 'short change' that you could have missed when checking your statements. As above if you realised the error you should have got in touch with them, alternatively you should have not spent the money at the very least. Only if you have written proof that you were expecting £3000 a month could you claim that this was as agreed.

I do not know if he university can hold back the PhD certicate, that is something you would have to check for in the university regulations. Usually they require that the course is paid for, i am not aware of them holding it back until a overpayment is repaid as it was their mistake.

its not credit so so your rating won't be affected, as to compensation. No. You benefited by £6000 already, any interest on that should be sufficient.

dmg24

DarkConvict wrote: »

I do not know if he university can hold back the PhD certicate, that is something you would have to check for in the university regulations. Usually they require that the course is paid for, i am not aware of them holding it back until a overpayment is repaid as it was their mistake.

It is common that if any monies are owed to the university, they will not allow the student to graduate. This can even include a few pence owed to the library!

immoral_angeluk

With all due respect, you want compensation for what exactly?
You knew it was an error and they know you knew, you didn't say anything and spent the money. You then let it go to debt collectors by not doing anything about it and refusing to pay the university direct, no doubt incurring more fees. You are liable for the whole amount plus any additional fees. Sorry if it's not what you want to hear and it may sounsd harsh, but you had it coming to you and should've owned up when you first saw extra had been paid.

immoral_angeluk

dmg24 wrote: »

It is common that if any monies are owed to the university, they will not allow the student to graduate. This can even include a few pence owed to the library!

Can we blame them?

user1980

immoral_angeluk wrote: »

With all due respect, you want compensation for what exactly?
You knew it was an error and they know you knew, you didn't say anything and spent the money. You then let it go to debt collectors by not doing anything about it and refusing to pay the university direct, no doubt incurring more fees. You are liable for the whole amount plus any additional fees. Sorry if it's not what you want to hear and it may sounsd harsh, but you had it coming to you and should've owned up when you first saw extra had been paid.

I didn't really have a choice, I was completely broke, without it I wouldn't have managed to finish my studies.

Sorry I got a bit a carried away asking the question about compensation - it was a hypothetical question rather than me trying to get more out of it.

Thanks for your reply

user1980

DarkConvict wrote: »

If the agreement you signed was for £3000, to be paid over 3 months.

But you were paid £3000 a month for 3 months, then yes you will be liable to pay the money back. As it won't be considered 'short change' that you could have missed when checking your statements. As above if you realised the error you should have got in touch with them, alternatively you should have not spent the money at the very least. Only if you have written proof that you were expecting £3000 a month could you claim that this was as agreed.

I do not know if he university can hold back the PhD certicate, that is something you would have to check for in the university regulations. Usually they require that the course is paid for, i am not aware of them holding it back until a overpayment is repaid as it was their mistake.

its not credit so so your rating won't be affected, as to compensation. No. You benefited by £6000 already, any interest on that should be sufficient.

I didn't sign an agreement. I was given a signed memo about what I got paid. The verbal agreement, however, states differently.

and

Yes, they are holding back the certificate.

user1980

dmg24 wrote: »

The university made an error, you were in no doubt that it was an error. You are liable to repay the overpayment. It is likely that the university will allow you to graduate with outstanding debts.

The fact that you are asking about compensation is beyond belief. Hopefully the university will take disciplinary action against you for dishonesty.

Erm thanks, but no action has been taken. I wouldn't have kept and spent the money if I had other ways of paying rent.

Anyway, I'm paying it back - I was just checking if there are ways around it.

Thanks for the (somewhat eye opening) replies people!

DarkConvict

May i ask how you would have paid the rent if they had not mistakenly paid you?

And if you spent £6000 on rent in a few months, you seriously need to find somewhere cheaper and consider alternative means of funding your course.